PRASHANT KUMAR, J. - (1.) THIS application has been filed for quashing the order dated 23.8.99 passed by S.D.J.M. Hazaribagh in Hazaribagh Sadar P.S.case no.379(9)/92 corresponding to T.R.No. 258/99 whereby application of petitioner for discharge has been rejected.
(2.) IT is submitted by Mr. B.M.Tripathi, learned counsel appearing for the petitioner that there is absolutely no material from which it can be presumed that petitioner's firm committed offence under section 409/419/420 read with section 120B of the I.P.C. It is submitted that co -accused Shamsher Prasad Singh and Anwar Prasad Jaiswal had placed order for supply of N.T.C. Clothes in different schools. It is submitted that criminal proceeding against aforesaid two officers of Welfare Department has already been quashed by this Court vide judgment dated 02.03.2012 in Cr.Misc. No. 926/2000 because there was no sanction order to prosecute them. It is further submitted that there is no evidence to show that petitioner's firm hatched conspiracy with aforesaid two accused persons for causing loss to State Exchequer. It is submitted that it is an admitted position that petitioner's firm supplied clothes as per agreement. Thus, offence under sections 419 and 420 of the I.P.C. is also not made out.
(3.) LEARNED Addl.P.P. after going through F.I.R. and case diary had not disputed that petitioner supplied clothes as ordered by co -accused. It is also not disputed that petitioner's firm is a dealer of N.T.C. Clothes.;